1 Overview — Louisiana is the only civil law state in America
Louisiana's succession system is not a variation on probate — it is a fundamentally different legal framework rooted in centuries of French and Spanish colonial law, later codified into the Louisiana Civil Code. Every other US state uses common law derived from England. Louisiana uses civil law derived from the Napoleonic Code. This shapes everything: the vocabulary, the concepts, the court procedures, and the rights of surviving family members.
Six features make Louisiana succession unlike any other state in this guide series — or anywhere else in the country.
First: Forced heirship (la légitime). Louisiana Civil Code art. 1494 guarantees certain children a minimum share of the estate regardless of what any will says. Children under 24, or permanently incapacitated children of any age, are "forced heirs." No will, no trust structure, and no lifetime transfer can completely defeat forced heirship (though some limited disinheritance grounds exist). Louisiana is the only remaining US state with this protection.
Second: Community property with usufruct. Louisiana is a community property state, so each spouse already owns half of marital assets. When a spouse dies intestate (without a will) leaving children, the deceased's half of community property doesn't go outright to the children — the surviving spouse receives a usufruct (the right to use and enjoy the property and collect its income) while the children receive naked ownership (title without current possession). This unique civil law split creates a practical arrangement that can last decades and frequently generates family conflict without proper planning.
Third: The Judgment of Possession. Louisiana's final succession order isn't called a "decree of distribution" or a "final order" — it's a Judgment of Possession, which formally places heirs and legatees in possession of the property. For immovable property, this judgment must be recorded at the Conveyance Office in each parish where the property is located. If property spans multiple parishes, it must be recorded in each one.
Fourth: Two and only two valid will types. Louisiana recognizes only the notarial will (signed before a notary and two witnesses) and the olographic will (entirely handwritten, dated, and signed — no witnesses). The common law "attested will" signed by two witnesses but without a notary is not valid in Louisiana.
Fifth: Small succession affidavit at $125,000 — higher than most states, and it can cover immovable property (real estate), which most states' small estate affidavits cannot.
Sixth: No joint tenancy with right of survivorship. Louisiana civil law does not recognize the common law concept of joint tenancy with right of survivorship. Property held in "joint names" in Louisiana does not automatically pass to the survivor — it may require succession.
Louisiana succession at a glance
| Topic | Louisiana rule | Authority |
|---|---|---|
| Legal system | Civil law (Napoleonic Code) — the ONLY US state not using common law | La. Civ. Code art. 1 et seq. |
| Process name | Succession (not probate). Filed in District Court of the parish where the decedent was domiciled | La. C.C.P. art. 2811 |
| Small succession affidavit | Gross estate ≤ $125,000; OR death 20+ years ago (any value); 45-day wait; can cover immovable property; no court proceeding required | La. C.C.P. art. 3421 |
| Universal succession | If no debts and all heirs agree, can file Sworn Descriptive List + Judgment of Possession without appointing a succession representative | La. C.C.P. art. 3431 |
| Administration | Independent (will authorizes or heirs consent — succession representative acts without constant court approval) or court-supervised | La. C.C.P. art. 3396.1 |
| Forced heirship | Children under 24 OR permanently incapacitated children = forced heirs; 1 forced heir = ¼ of estate; 2+ = ½ collectively; no will can override | La. Civ. Code art. 1494 |
| Community property | All assets acquired during marriage = community property; each spouse owns half; surviving spouse's half does not pass through succession | La. Civ. Code art. 2338 |
| Usufruct (intestate) | Surviving spouse receives usufruct of deceased's community property share; children receive naked ownership; usufruct ends at death or remarriage | La. Civ. Code art. 890 |
| Notarial will | Typed/printed; signed before notary public and two witnesses; both witnesses must sign; notary must sign; most common form | La. Civ. Code art. 1577 |
| Olographic will | Entirely handwritten, dated, and signed by the testator; no witnesses or notary required; completely valid | La. Civ. Code art. 1575 |
| Joint tenancy / JTWROS | NOT recognized in Louisiana — property held "jointly" may not pass automatically to the survivor | La. Civ. Code |
| Creditor period | 3 months from publication of succession notice; published once a week for 3 consecutive weeks in parish newspaper | La. C.C.P. art. 3241 |
| Judgment of Possession | Final court order placing heirs in possession; must be recorded at Conveyance Office in each parish where immovable property is located | La. C.C.P. art. 3061 |
| LA estate tax | None | — |
| LA inheritance tax | None | — |
| Step-up in basis | Full step-up on both halves of community property at first death | IRC § 1014 |
2 Forced heirship & usufruct — Louisiana's defining legal concepts
No two concepts distinguish Louisiana succession more sharply from every other state. Forced heirship guarantees that certain children receive a minimum share of the estate regardless of the will. Usufruct splits ownership rights between the surviving spouse (who can use the property) and the children (who hold title but not current possession).
Louisiana Forced Heirship & Usufruct Visualizer
Select a family scenario to see how community property distributes under Louisiana civil law · La. Civ. Code art. 890, 1494
Forced heirship — the only rule of its kind in the US
Under La. Civ. Code art. 1494, a forced heir cannot be fully disinherited by a will (unless one of the narrow statutory grounds for disinheritance applies — such as attempting to kill the parent, or abusing the parent who needs care). The protected share — the légitime or forced portion — is:
| Number of forced heirs | Forced portion (protected minimum) | Remaining "disposable" portion |
|---|---|---|
| No forced heirs (all children over 23, no incapacitated children) | None — testator can leave estate to anyone | 100% of estate is freely disposable |
| 1 forced heir | ¼ of the net estate (the forced portion) | ¾ freely disposable |
| 2 or more forced heirs | ½ of the net estate collectively, divided equally among forced heirs | ½ freely disposable |
Usufruct and naked ownership — splitting the bundle of rights
Usufruct is a civil law concept with no direct equivalent in common law states. It splits property rights into two:
| Role | Rights held | Who holds it in typical Louisiana intestate succession |
|---|---|---|
| Usufructuary | Right to use and enjoy the property; collect rents and income ("fruits"); live in the home; manage the property | Surviving spouse — over the deceased's share of community property (ends at death or remarriage under La. Civ. Code art. 890) |
| Naked owner | Holds legal title; cannot possess or use the property while usufruct exists; cannot sell without usufructuary's consent; owns the "reversion" — becomes full owner when usufruct ends | Children — they inherit the deceased's community property share as naked owners |
3 Community property in Louisiana succession
Louisiana is a community property state under La. Civ. Code art. 2338. This means all assets and income acquired by either spouse during the marriage (after the effective date of the community) are community property — owned equally by both spouses. At death, only the deceased spouse's half passes through succession.
| Property type | Classification | What happens at death |
|---|---|---|
| Assets acquired during marriage (wages, bought property) | Community property — each spouse owns ½ | Deceased's ½ passes through succession; surviving spouse's ½ is already theirs |
| Property owned before marriage | Separate property of that spouse | Passes entirely through succession per will or intestacy |
| Gifts and inheritances received during marriage | Separate property (even if received during marriage) | Passes through succession; surviving spouse has no automatic share of separate property |
| Property bought with separate property funds | Separate property (if traceable) | Separate property rules apply |
| Mineral rights / royalties acquired during marriage | Community property | Deceased's ½ goes through succession — significant for Louisiana mineral-rich estates |
4 Louisiana will types — notarial and olographic only
Louisiana recognizes exactly two valid will types. The common law "attested will" (signed by two witnesses, no notary) used in nearly every other state is not valid in Louisiana. If a Louisiana resident used a standard online will template designed for common law states and signed it in front of two witnesses without a notary, that will is not valid in Louisiana.
| Will type | Requirements | Notes |
|---|---|---|
| Notarial will (testament) | Must be in writing (typed or printed, not handwritten); testator signs or directs another to sign; two witnesses must be present; notary public must sign; the testator, witnesses, and notary all sign in each other's presence — specific statutory ceremony | Most common form; cannot be the testator's own handwriting (that would be an olographic will); self-proving — admitted without witness testimony at succession; La. Civ. Code art. 1577 |
| Olographic will (testament olographe) | Must be entirely handwritten by the testator (not typed, not dictated, not partially printed); must be dated (day, month, year); must be signed by the testator; no witnesses required; no notary required | No formalities beyond the handwriting, date, and signature; validity challenged if any part is not in testator's own handwriting; La. Civ. Code art. 1575 |
| Common law attested will (two witnesses, no notary) | NOT VALID in Louisiana | Standard will format used in all other 49 states is invalid in Louisiana — must be notarial or olographic |
5 Small succession affidavit — $125,000, can cover immovable property
Louisiana's small succession procedure under La. C.C.P. art. 3421 is unusually flexible compared to other states. It applies to three situations:
| Eligibility | Requirement |
|---|---|
| Standard small succession | Gross estate (all Louisiana property) ≤ $125,000 as of date of death; 45-day waiting period after death; affidavit sworn by distributees |
| 20-year rule | Death occurred 20+ years ago — no dollar limit; the affidavit can be used for any estate value after 20 years have passed |
| Immovable property | Unlike most states' small estate procedures, Louisiana's small succession CAN cover immovable property (real estate). The affidavit is filed at the Conveyance Office in each parish where the real estate is located. |
| Bond required? | Generally no bond required for the small succession affidavit |
| Attorney required? | Not legally required, but strongly recommended — errors can create title problems that are expensive to fix |
6 Louisiana succession — step by step
- 1
Determine the succession path Do first
Four paths exist. (1) Small succession affidavit: gross estate ≤ $125,000 or death 20+ years ago; 45-day wait. (2) Universal succession: no debts and all heirs agree; file Sworn Descriptive List and Judgment of Possession without appointing a succession representative. (3) Independent administration: will authorizes it or all heirs consent; succession representative acts without constant court approval. (4) Supervised succession: court oversees each step; required if parties disagree or the will mandates it. Also assess: Is this a testate (with will) or intestate (no will) succession? Are there forced heirs? What is the community/separate property breakdown? What usufruct rights arise?
- 2
File petition in District Court of the parish of domicile File where decedent lived
File a Petition for Probate of Will and Appointment of Succession Representative (testate) or Petition for Appointment of Succession Representative (intestate) in the District Court of the parish where the decedent was domiciled at death. If the decedent was not a Louisiana resident but owned Louisiana immovable property, file in the parish where the property is located. Attach the original will for probate. Include the Affidavit of Death, Domicile, and Heirship — a sworn statement confirming the decedent's date of death, parish of domicile, and the relationship of each heir.
Petition for Probate / AppointmentOriginal will (testate)Affidavit of Death, Domicile & HeirshipCertified death certificate - 3
Court appoints Succession Representative; will is probated SR = executor equivalent
The District Court appoints a Succession Representative (equivalent to an executor in other states). For a testate succession, the will is formally probated by the court — presented, recognized as a valid testamentary instrument, and ordered to be executed. A notarial will is probated without witnesses testifying; an olographic will may require additional evidence of the testator's handwriting. The court issues Letters Testamentary (testate) or Letters of Administration (intestate) authorizing the SR to act.
Order appointing Succession RepresentativeLetters Testamentary or Letters of AdministrationOrder probating the will - 4
Publish notice to creditors — 3 weeks; 3-month creditor period 3 consecutive weeks
Publish notice of the succession in the official journal of the parish once a week for three consecutive weeks. The 3-month creditor period runs from the date of first publication. Known creditors should also be served directly. The Succession Representative pays valid claims from estate assets in the order of statutory priority (funeral expenses first, then administration costs, then other claims). Disputed claims are resolved by the court.
Creditor notice (3-week publication in parish journal)Direct service on known creditors - 5
File Sworn Descriptive List of Assets and Liabilities Community + separate property identified
File a Sworn Descriptive List — a sworn inventory of all estate assets and liabilities. For married decedents, this must clearly identify which assets are community property (each spouse owns half) and which are separate property (the decedent's alone). The description of immovable property must include the legal description from prior deeds. The surviving spouse's usufruct, if applicable, is noted in this list. The list establishes the estate value, the community property division, and the basis for the Judgment of Possession.
Sworn Descriptive List of Assets and LiabilitiesLegal descriptions of all immovable property - 6
Resolve forced heirship, usufruct, and tax issues
If forced heirs exist, ensure the Judgment of Possession reflects their forced portion. If the surviving spouse holds a usufruct, the Judgment must identify who holds the usufruct and who holds naked ownership of each asset, along with the terms of the usufruct. File the decedent's final Louisiana income tax return (Form IT-540) and federal return. No Louisiana estate tax return is required. If the estate may exceed the federal estate tax threshold (~$15 million), file federal Form 706 within 9 months.
- 7
Obtain and record the Judgment of Possession Record in each parish with immovable property
The District Court issues a Judgment of Possession — the final order placing heirs and legatees in possession of the estate property. The Judgment names each successor, describes each asset, identifies their proportional share, and notes any usufructs. For immovable property (real estate), a certified copy of the Judgment must be recorded at the Conveyance Office (Recorder of Mortgages in Orleans Parish) in each parish where the property is located. If the estate includes property in New Orleans (Orleans Parish) and Jefferson Parish, it must be recorded in both. This recording clears title and allows heirs to sell or mortgage the property.
Judgment of PossessionCertified copy for each parish with immovable propertyRecorded at Conveyance Office in each parish
7 Timeline & costs
| Scenario | Timeline | Key driver |
|---|---|---|
| Small succession affidavit (≤ $125K) | 45 days + weeks | 45-day wait + documentation |
| Universal succession (no debts, all heirs agree) | 4–8 weeks | Filing, Sworn Descriptive List, Judgment of Possession |
| Independent administration — simple, uncontested | 2–4 months | 3-month creditor period governs |
| Property in multiple parishes | 2–5 months | Must record Judgment in each parish |
| Orleans Parish / Jefferson Parish (high volume) | 3–6 months | Court scheduling; higher case volume |
| Contested — forced heirship claim or will challenge | 6 months – 3+ years | Evidentiary hearings; district and appellate courts |
| Cost item | Typical amount | Notes |
|---|---|---|
| Court filing fees | Varies by parish | Orleans, Jefferson, St. Tammany have published fee schedules; verify with parish clerk |
| Publication costs | ~$75–$250 | 3 weeks in official parish journal; cost varies by publication |
| Conveyance Office recording | Per-page recording fees | Per parish where immovable property is located; varies by parish |
| LA estate / inheritance tax | $0 | Louisiana has neither |
| Attorney fees — small succession affidavit | $500–$2,000 | Straightforward; some attorneys flat-fee |
| Attorney fees — universal or simple succession | $1,500–$4,000 | Complete and uncontested |
| Attorney fees — full succession with administration | $3,000–$8,000+ | Creditor period, court appearances, multi-parish recording |
| Succession representative fee | Statutory: 2.5% of estate value | Subject to court reduction for simple estates |
8 Key Louisiana succession documents
Louisiana succession documents are filed with the District Court clerk in the appropriate parish. Forms vary by parish; many parishes have their own preferred forms. The Louisiana State Law Library and the Louisiana Bar Association provide form guides. Because Louisiana's civil law system is unique, generic probate forms from other states cannot be used.
Sworn affidavit used when gross estate is $125,000 or less (or death occurred 20+ years ago, any value). Can cover both movable and immovable property — the affidavit for immovable property is recorded at the Conveyance Office in each parish where the real estate is located. 45-day wait after death required. No court proceeding necessary. Distributees assume personal liability for debts. Attorneys strongly recommended to avoid title problems.
Filed with the District Court to open a testate succession, probate the will, and appoint a Succession Representative. Attach the original will. The court will formally probate the will — recognizing it as a valid testamentary instrument. For a notarial will, no witness testimony is needed. For an olographic will, the testator's handwriting may need to be confirmed by an interested party or handwriting expert. The court issues Letters Testamentary authorizing the SR to act.
A sworn statement confirming the decedent's date of death, parish of domicile at death, and the identity and relationship of each heir or legatee. This document is fundamental to every Louisiana succession — it establishes the basic facts the court needs to determine jurisdiction and the persons entitled to inherit. Must accurately identify forced heirs and their relationship to the decedent.
A sworn itemized list of all estate assets and liabilities. For married decedents, must clearly identify which assets are community property (each spouse owns half, so only the deceased's half is in the succession) and which are separate property (the decedent's alone, passes entirely through succession). Immovable property must be described using the legal description from prior deeds. The surviving spouse's usufruct is noted. The list establishes the estate value and the basis for the Judgment of Possession.
The final succession document placing heirs and legatees in formal possession of estate property. Names each successor, describes each asset, notes proportional shares, and identifies any usufructs. For immovable property, a certified copy must be recorded at the Conveyance Office in each parish where property is located — this recording clears title and enables heirs to sell or mortgage the property. In Orleans Parish, recorded with the Recorder of Mortgages. Property in multiple parishes requires recording in each.
Filed by the Succession Representative to close the estate after all debts are paid, taxes filed, and assets ready for distribution. Details all estate receipts, disbursements, and proposed distribution. Subject to court approval. After the account is approved and the Judgment of Possession is issued, the SR is discharged. For independent administration, some formalities are reduced but a final account is still typically filed.
9 Louisiana District Courts — all 64 parishes
Louisiana has 64 parishes — not counties. Each parish has a District Court that handles successions. File in the parish where the decedent was domiciled at death. If the decedent was not a Louisiana resident but owned Louisiana immovable property, file in the parish where the property is located. Orleans Parish (New Orleans) is the most historically distinctive jurisdiction — the Recorder of Mortgages handles immovable property recordings (not the Conveyance Office as in other parishes). St. Tammany, Jefferson, and East Baton Rouge are high-volume parishes with significant backlogs.
Showing all 64 Louisiana parishes